Download or read book The Adult Guardianship Experiment written by Terry Carney and published by Federation Press. This book was released on 1997 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.
Download or read book Rethinking Rights Based Mental Health Laws written by Bernadette McSherry and published by Bloomsbury Publishing. This book was released on 2010-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Download or read book Special Needs Financial Planning written by Lusina Ho and published by Cambridge University Press. This book was released on 2019-07-04 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: First comparative study of major special needs financial planning mechanisms, namely guardianship, enduring/lasting powers of attorney, and special needs trusts.
Download or read book Reimagining the Court of Protection written by Jaime Lindsey and published by Cambridge University Press. This book was released on 2022-09-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.
Download or read book Human Experimentation and Research written by George F. Tomossy and published by Routledge. This book was released on 2017-07-12 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003: As new medical technologies and treatments develop with increasing momentum, the legal and ethical implications of research involving human participants are being called into question as never before. Human Experimentation and Research explores the philosophical foundations of research ethics, ongoing regulatory dilemmas, and future challenges raised by the rapid globalisation and corporatisation of the research endeavour. This volume brings together some of the most significant published essays in the field. The editors also provide an informative introduction, summarizing the area and the relevance of the articles chosen.
Download or read book Critical Perspectives on Coercive Interventions written by Claire Spivakovsky and published by Routledge. This book was released on 2018-05-11 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.
Download or read book Judicial Determination of Capacity of Older Adults in Guardianship Proceedings written by and published by . This book was released on 2006 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Autonomy and Human Rights in Health Care written by David N. Weisstub and published by Springer Science & Business Media. This book was released on 2007-12-20 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.
Download or read book Public Guardianship written by Pamela B. Teaster and published by Bloomsbury Publishing USA. This book was released on 2010-02-09 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first full examination of the legal role of public guardianship in 25 years, comparing current conditions to those when the last study was published in 1981. Public Guardianship: In the Best Interests of Incapacitated People? is written to advance public understanding of what happens to disabled and elderly adults when no family member or friend is available to be a caregiver or guardian should it become necessary. It is the first major study on this critically important issue since 1981. Conducted by experts in gerontology, social work, public policy, and public health, it finds that, although progress has been made, guardianship programs around the country still are hampered by limited staff and resources. Public Guardianship analyzes the full range of state statutes governing guardianship, including guardian eligibility, investigation, due process, rights, powers, costs, and monitoring. The authors report their case studies of public guardianship programs, marshaling and comparing field data from their surveys of stakeholders in ten states. The book concludes with a variety of recommendations for improving guardianship programs, including the authors' Model Public Guardian Act.
Download or read book Confidentiality in the Guardianship System written by Queensland. Law Reform Commission and published by . This book was released on 2006 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Elder Law written by Israel Doron and published by Springer Science & Business Media. This book was released on 2012-03-30 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book In Re Reed written by and published by . This book was released on 1949 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Healthcare Decision Making and the Law written by Mary Donnelly and published by Cambridge University Press. This book was released on 2010-11-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
Download or read book Aging Culture Health and Social Change written by David N. Weisstub and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of three volumes on Aging conceived for the International Library of Ethics, Law, and the New Medicine. Leading scholars from a range of disciplines contest some of the predominant paradigms on aging, and critically assess modern trends in social health policy.
Download or read book Handbook of Research Methods in Experimental Psychology written by Stephen F. Davis and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Research Methods in Experimental Psychology presents a comprehensive and contemporary treatment of research methodologies used in experimental psychology. Places experimental psychology in historical context, investigates the changing nature of research methodology, experimental design, and analytic procedures, and features research in selected content areas. Provides an excellent source of potential research ideas for advanced undergraduate and beginning graduate students. Illustrates the range of research methodologies used in experimental psychology. Contains contributions written by leading researchers. Now available in full text online via xreferplus, the award-winning reference library on the web from xrefer. For more information, visit www.xreferplus.com
Download or read book Health Law written by Anne-Maree Farrell and published by Cambridge University Press. This book was released on 2017-05-25 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon a range of disciplinary perspectives, Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law. Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health. A clear and accessible style of writing combined with a sophisticated and nuanced approach takes this rich and challenging field to a new level of analysis. Written by respected academics within the field, Health Law: Frameworks and Context is an essential text for scholars and students looking to grasp the fundamental concepts of this rapidly expanding area of law, as well as those who wish to deepen their knowledge and understanding of health law in Australia and internationally.
